GENERAL TERMS AND CONDITIONS FOR PURCHASE OF PRODUCTS AND SERVICES FROM TECHSHIP AB
Shipping of products on stock is normally 1-2 days after order date. Shipping of products out of stock is normally 3-5 weeks after order date depending on timing of incoming goods and manufacturer production capacity. Delivery time to customer depends on requested transportation method and destination. Delivery information should only bee seen as estimates and is not guaranteed by Techship in any case.
Delivery Terms and Transfer of Title
According to specified shipment terms of the order.
1. FCA our warehouse, Gothenburg, Sweden, in accordance with Incoterms 2010. Title to and risk of loss and damage to products shall pass to Customer in accordance with these delivery terms. For avoidance of doubt any duties and export or import fees are to be paid by Customer if goods are shipped outside Sweden.
2. CPT, Carriage paid to destination, in accordance with Incoterms 2010. Title to and risk of loss and damage to products shall pass to Customer in accordance with these delivery terms. For avoidance of doubt any duties and export or import fees are to be paid by Customer if goods are shipped outside Sweden.
According to quote, however this can be changed at any time according to Techship’s credit policy on Techship’s sole discretion. When paying with credit card an additional fee of 3.5% will be charged and your payment will be processed by our payment partner Bambora when the order is submitted. When paying using PayPal an additional fee of 5% will be charged and you will be redirected to PayPal when the order is submitted.
Techship will provide basic product documentation, available at the customer web portal.
No customizations are included in this order.
Certifications and Operator Approvals
Techship refers to Manufacturer’s list of Global Certifications and Approvals of the products sold, which will be provided to Customer upon request. Customer is solely responsible that the products, as well as the end product or system that the product will be installed in, have all necessary regulatory and legal approvals or certificates to be sold in a specific country. For avoidance of doubt, Techship cannot be hold responsible for any local approvals or certificates, legal or regulatory, for neither theproducts sold nor the end product or system. Technical support to Customer for the certification process is not included in the price and might be quoted separately upon request at an hourly rate.
Handling of Faulty Units
This order does not include any replacement of faulty units, other than warranty related.
Techship doesn’t give any product warranty other than passing on to Customer the warranty, given from Manufacturer.
Techship shall have no obligation for breach of warranty if the alleged defect or non-conformance is found to have occurred as a result of environmental or stress testing, misuse, neglect, improper installation, accident or as a result of improper repair, alteration, modification, storage, transportation or improper handling.
Limitation of Liability
Notwithstanding anything to the contrary contained in these Terms and Conditions and any Contract, in no event shall either party be liable to the other party for loss of production, loss of profit, loss of use, loss of business or market share, loss of data, revenue or any other economic loss, whether direct or indirect, or for any special, indirect, incidental or consequential damages, whether or not the possibility of such damages could have been reasonably foreseen and whether as a result of breach of contract, warranty or tort.
No action, regardless of form, arising out of any alleged breach of contract or obligations under these Terms and conditions or any Contract may be brought by either party more than one (1) year after the cause of action has occurred.
Notwithstanding anything to the contrary contained in this Terms and conditions or any Contract, in no event shall either party’s liability to the other party for damages exceed an aggregate amount corresponding to the amounts paid by Customer hereunder during the 12 months immediately preceding the relevant claim.
A party suffering loss or damages shall take all reasonable measures to limit such loss or damage.
Software and Documentation
Customer is granted a non-exclusive, non-transferable, paid-up, worldwide license to use, reproduce and distribute potential Software and Product Documentation solely in connection with the sale, distribution and support of the Products integrated in Customer’s products in accordance with these Terms and conditions. For the avoidance of doubt, the Software and Documentation may not be distributed separately from the Products.
Customer shall not be entitled to add or remove any trade mark, trade name, copyright notices, warning legends or other markings to or from the Software or Documentation, without the prior written approval from Manufacturer or Techship in each specific case.
Further, Customer shall not be entitled to modify, decompile, reverse engineer, translate, adapt, arrange or error correct or make any other alteration of the Software or Documentation, or to create derivative work using the Software or Documentation.
Notwithstanding anything in these Terms and conditions and any Contract to the contrary, it is understood that neither Customer receive any title or ownership rights to the Software or Documentation, nor any other intellectual property rights.
The obligations of (Software License), shall survive indefinitely.
Other Terms and Conditions
Upon receipt of a purchase order duly issued in accordance with these Terms and conditions, Techship will within three (3) Business Days notify Customer of its acceptance or rejection (together with a reasonable explanation for any such rejection) of such purchase order. Techship reserves the right to request any additional information that it deems necessary both before and after acceptance of a purchase order. Should Techship for some reason reject such purchase order, any received advanced payment will be returned to Customer.
Unless otherwise agreed in writing between the parties, an order placed by the Customer is binding and cannot be cancelled by the Customer without Techship’s written consent.
Manufacturer may at any time, at its sole discretion and expense, make changes to the Products in form, fit or function, provided that Customer is notified of any such changes at least 30 (thirty) days in advance and provided that the functionality is equal or better compared to the Specification.
If Manufacturer discontinues its production and sale of the Products Techship can at any time at its sole discretion and without liability to Customer discontinue supply of the Products. Techship shall use reasonable efforts to notify Customer thereof with three (3) months’ notice.
Techship reserves the right, at our sole discretion, to change the confirmed prices should events outside Techship’s control occur; such as, but not limited to, unforeseen changes of manufacturer prices or currency fluctuations. Customer will on these occasions be notified of the changes before shipment of the goods.
Customer shall be responsible for all taxes, customs and other duties or charges which may be levied or assessed in connection with this order.
If in accordance with present or future applicable laws or regulations, Techship shall be obliged to pay, or Customer obliged to deduct from any payment to Techship, any amount with respect to any taxes, customs or any other duties or charges for which Customer is responsible as stated above, Customer shall increase the payment to Techship by an amount to cover such payment by Techship or deduction by Customer.
Techship shall use its reasonable efforts to adhere to the agreed delivery dates. If Techship at any time has reason to believe that any delivery of Products will be delayed, Techship shall notify Customer in writing and state the estimated period of delay.
Circumstances outside of Techship’s control, including but not limited to circumstances which are attributable to Customer or any third party, shall entitle Techship to postpone any of its undertakings to such extent as is reasonable having regard to all circumstances.
All transportation costs and risk of loss incurred with respect to the repair and/or replacement of defective deliverables shall be borne by Customer when returned to Techship. Customer undertakes to comply with Techship’s instructions concerning disposal of defective Products.
Customer are responsible for obtaining any export approvals, or similar, from the relevant authorities which may be required for export of the Products or Systems which the Products are installed in.
The parties shall be excused from the performance or punctual performance of any of its obligations under these Terms and conditions and any Contract and such obligations shall be extended by a period reasonable under the circumstances if the performance thereof is prevented or delayed by industrial (including labor) disputes or any cause beyond the affected party's reasonable control which, without in any way limiting the generality of the foregoing, shall include acts of God, natural disasters, fire, explosions, riots, wars (whether declared or not), hostilities, revolutions, civil disturbance, accidents, embargo or requisition, shortage of material, terrorist acts, sabotage, nuclear incidents, epidemics, strikes or delays in the performance of its subcontractors caused by any such circumstances (Force Majeure).
The warranties given in these Terms and Conditions constitute the only warranties and obligations made by Manufacturer or Techship with respect to the products or any other part thereof and are in lieu of all other warranties of merchantability and fitness for a particular purpose and the remedies stipulated in these Terms and Conditions are the sole and exclusive remedies.
None of the parties shall advertise or publish any information related to this order without the prior written approval of the Customer or Techship, as applicable.
These Terms and Conditions and any Contract shall be governed by and construed in accordance with the laws of Sweden (except for its conflict of law rules).
All disputes, differences or questions between the parties with respect to any matter arising out of or relating to these Terms and Conditions and any Contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce, in Stockholm, Sweden, by three (3) arbitrators appointed in accordance with the said Rules and the proceedings shall be conducted in the English language.
All awards may if necessary be enforced by any court having jurisdiction in the same manner as a judgment in such court.
The parties undertake and agree that all arbitral proceedings, shall be kept strictly confidential, and all information, documentation, materials in whatever form disclosed in the course of such arbitral proceeding shall be used solely for the purpose of those proceedings.
TECHSHIP INC Terms and Conditions of Sale (the "Terms")
ANY AND ALL QUOTATIONS AND SALES OF PRODUCTS AND/OR SERVICES BY TECHSHIP,
INC. TO CUSTOMER ARE SUBJECT TO THESE TERMS AND CONDITIONS (TERMS),
REGARDLESS OF DIFFERENT, CONFLICTING, OR ADDITIONAL TERMS OR CONDITIONS IN
ANY PURCHASE ORDER, CONFIRMATION, OR OTHER DOCUMENT OR COMMUNICATION.
THESE TERMS ARE DEEMED AN OFFER AND A REJECTION OF ANY OTHER TERMS OR
CONDITIONS CONTIANED IN ANY OF CUSTOMMERM’S DOCUMENTS (WHICH IF
CONSTRUED TO BE AN OFFER IS HEREBY REJECTED). UNDER NO CIRCUMSTANCES
SHALL TECHSHIP ACCEPT OR BE DEEMED TO ACCEPT ANY TERM OR CONDITION THAT
VARIES FROM, OR IS INCONSISTENT WITH, THESE TERMS, OR IMPOSES NEW
OBLIGATIONS ON TECHSHIP, UNLESS TECHSHIP EXPRESSLY ACKNOWLEDGES AND
CONSENTS TO SUCH PARTICULAR TERM OR CONDITION IN A WRITING SIGNED BY
TECHSHIP. TECHSHIP’S FAILURE TO OBJECT TO ANY SUCH DIFFERENT, CONFLICTING OR
ADDITIONAL TERMS WILL NOT CHANGE OR ADD TO THESE TERMS. BY PLACING AN
ORDER, CUSTOMER ACCEPTS THESE TERMS. THESE TERMS ARE SUBJECT TO CHANGE
AND ARE EFFECTIVE UPON TECHSHIP POSTING THE UPDATED TERMS TO TECHSHIP’S
WEBSITE (AVAILABLE AT HTTP://WWW.TECHSHIP.COM) CUSTOMER’S ACCEPTANCE OF
THESE TERMS MAY BE MADE BY WRITTEN ACCEPTANCE OR BY RECEIPT BY CUSTOMER
OF PRODUCTS AND/R SERVICES.
If there is a separate formal written agreement executed by
Techship and Customer, these Terms shall supplement and bind the parties where not in conflict with that
written agreement. In any conflict, that separate formal written agreement controls only if it expressly
states. Where a prior agreement between the parties provides for application of subsequently agreed
terms, these terms shall apply.
Order shall mean any orders for Products and/or Services placed by Customer through
Customer’s account on the Techship website (Account), by telephone, by written purchase order delivered
by email, fax or postal service, or by acceptance of Techship’s Quote. [Customer agrees that any
communication or notice permitted or required to be made by Techship may be made through Customer’s
Account.] All Orders are subject to acceptance by Techship. Upon receipt of an Order, within three (3)
Business Days, Techship will notify Customer of its acceptance or rejection (together with a reasonable
explanation for any such rejection) of such Order through Customer’s account. Techship reserves the
right to request any additional information that it deems necessary both before and after acceptance of an
Order. Customer’s Order is binding and cannot be cancelled by Customer without the written consent of
Techship. Techship will not be liable for any damages due to any failure or delay in its performance as
result of any events beyond its reasonable control. Seller may cancel without liability any order delayed
by any such cause(s). In its sole discretion, Seller may allocate, defer, delay, or cancel the shipment of any
Product which is in short supply.
Product information listed on the Website, including information related to a Product’s
specifications, export/import control classifications, uses and availability, is obtained or derived from
Techship’s suppliers or other sources and is subject to change without notice. The information is provided
by Techship on an “AS IS” basis. Techship makes no representation that Product information on its
Website is accurate, complete, current or free from error and DISCLAIMS ALL WARRANTIES AND
LIABILITIES INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Techship recommends that
Customer validate any Product information before using or acting on information any such information.
Product manufacturers may at any time, at their sole discretion and expense, make changes to the Products
in form, fit or function, or decide to discontinue production and sale of any Product. Techship will use
reasonable efforts to notify Customer of any changes to or discontinuation of Products. However,
Techship cannot guarantee that it will receive notice from a manufacturer or that it can notify Customer
of changes or discontinuation. Techship may at any time, at its sole discretion and without liability to
Customer, discontinue supply of any Products or Product specification.
Techship’s product listings are subject to change without notice. Prices shown are in [the
currency specified on the Website or in Techship’s Quote] and reflect the latest information available at
the time. Prices charged will be those prevailing when an Order is accepted. Customer acknowledges
pricing is likely to increase from time to time. Prices shown do not include any Federal, State or local
taxes or any present or future sales, use, excise, value-added or similar taxes.
Customer is responsible for all taxes, customs and other duties or charges that may be
levied or assed in connection with an Order. Techship charges local sales tax unless a sales tax exemption
certificate on file with Techship. If, in accordance with present or future applicable laws or regulations,
Techship shall be obliged to pay, or Customer obliged to deduct from any payment to Techship, any
amount with respect to any taxes, customs or any other duties or charges for which Customer is responsible
as stated above, Customer shall increase the payment to Techship by an amount to cover payment of those
amounts by Techship or deduction by Customer. Notwithstanding the foregoing, Techship may report
and remit some or all taxes, and Customer acknowledges and agrees that Techship does not assume
liability therefor. Customer will pay or reimburse Techship on demand for all Taxes remitted by Techship
relating to the purchase of Products.
Invoice and Payment.
Prepayment or according to quote or separate agreed terms. Credit terms
may be available upon credic application approlval. Techship may at any time limit or cancel credit and
demand cash on delivery or payment in advance if Techship has reason to suspect Customer’s financial
condition or other circumstances do not warrant shipment on terms originally stated. Customer’s
obligation to pay the purchase price is absolute, irrevocable, and unconditional and is not subject to
reduction or setoff for any reason. Interest at the rate of 12%, or the maximum allowable by law, shall
apply to balances on invoices past due and until paid. All payments due hereunder are net of all taxes,
and Customer assumes liability for, will timely report and remit all taxes to the appropriate taxing
authorities. With respect to Products shipped to locations where applicable law recognizes a seller’s right
to take purchase money security interest in goods sold, Customer grants to Techship, a purchase money
security interest in Products sold to Customer, and in the proceeds of any resale of such Products, until
Customer invoices have been paid in full.
Delivery; Risk of Loss; Inspection and Claims
Shipment of in-stock Products is normally 1-2
days after the date the Order is received by Techship (Order Date). Shipment of out-of-stock Products is
normally 3-5 weeks after the Order Date, depending on timing of incoming goods and manufacturer
production capacity. Delivery time to Customer depends on requested transportation method and
destination. Delivery times are estimates and are not guaranteed by Techship in any case. At the option
of Techship, Products are shipped, and title to and risk of loss and damage to Products shall pass, either
(a) FCA from Techship’s office, Durham, North Carolina, USA in accordance with Incoterms 2010, or (b)
FCA from Techship’s warehouse, Molndal, Sweden in accordance with Incoterms 2010 or (c) CPT,
Carriage paid to destination, in accordance with Incoterms 2010. For avoidance of doubt any duties and
export or import fees are to be paid by Customer. Customer shall pay all transportation charges from
Techship’s shipping point to destination, with shipping charges prepaid by Techship and added to the cost
paid by Customer pursuant to this Agreement, and Customer shall be responsible, at its sole expense, for
making all export and import arrangements and paying all applicable customs duties and taxes. Customer
shall inspect Products upon receipt at the destination and notify Techship in writing within 72 hours after
delivery of any shortages or readily ascertainable damage or defective Products that Customer can show
did not occur in shipment. Failure of Customer to timely notify Techship shall relieve Techship of any
liability with respect to damaged or defective Products. All claims for loss or damage in transit must be
made by Customer against the carrier. Any action for breach of this Agreement by Techship must be
commenced by Customer within one year after Customer’s cause of action has accrued.
All returns or refunds must comply with Techship’s returns or refunds policy set forth
on the Website. If Customer refuses to accept tender or delivery of any Products or return any Products
awaiting Customer’s instructions for 20 days, after which Techship may deem the Products abandoned
and dispose of them without crediting Customer’s account. Customer warrants that any Products returned
are the original Products Techship shipped to Customer and are unaltered. All returns are subject to a
restocking fee up to 50% of the value of the Products being returned.
For 30 days after delivery, Techship warrants Products assembled or
customized by Techship will conform to the specifications of Customer, will be free defects caused solely
by faulty assembly or customization, and that any services performed exclusively by Techship were
performed in accordance with industry standards. To the extent provided by Techship’s supplier(s)
(Supplier(s)), all other Products, services and the components and materials utilized in any assembled or
customized Products or services are subject to Supplier’s standard warranty, which is expressly in lieu of
any other warranty, express or implied, by Techship or Supplier. Customer’s exclusive remedy, if any,
under these warranties is limited, at Techship's election, to: (a) refund of Customer’s purchase price, (b)
repair or reperformance by Techship or Supplier(s) of any Products or Services found to be defective, or
(c) replacement of any such Product. If there is no Supplier warranty, Customer takes all such Products
and Services “as-is” without any warranty. Customers acknowledge that except as specifically set forth
herein, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND BY TECHSHIP
EXPRESS OR IMPLIED, AS TO THE CONDITION OR PERFORMANCE OF ANY PRODUCTS OR
SERVICES, THEIR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE,
NONINFRINGEMENT, OR OTHERWISE. TECHSHIP ASSUMES NO RESPONSIBILITY OR
LIABILITY FOR ANY SUPPLIER’S PRODUCT OR SERVICE SPECIFICATIONS OR THE
PERFORMANCE OR ADEQUACY OF ANY DESIGN OR SPECIFICATION PROVIDED TO
LIMITATION OF LIABILITY
OTHER THAN THE REPLACEMENT REMEDIES
PROVIDED FOR IN PARAGRAPH 8, TECHSHIP’S LIABILITY TO CUSTOMER AT ALL
TIMES RELATING IN ANY WAY TO THE AGREEMENT, THE PRODUCTS SHALL BE
LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES. IN NO EVENT
SHALL TECHSHIP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
REVENUES, LOST INCENTIVES OR BACK CHARGES) ARISING OUT OF OR RELATED IN
ANY WAY TO THE AGREEMENT, THE PRODUCTS, OR THE SERVICES WHETHER
BASED ON A STATUTORY CLAIM, BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, GROSS NEGLIGENCE, CONTRIBUTION, INDEMNIFICATION, A THIRDPARTY CLAIM, OR ANY OTHER CLAIM OR CAUSE OF ACTION REGARDLESS OF (A)
THE NEGLIGENCE OR GROSS NEGLIGENCE (SOLE OR CONCURRENT) OF TECHSHIP,
AND (B) WHETHER TECHSHIP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF TECHSHIP
UNDER THIS AGREEMENT EXCEED THE PRICE OF THE PRODUCT OR PART THEEOF
WHICH GIVES RISE TO THE CLAIM.
Techship shall not be responsible for delays in performance caused, directly or
indirectly, by any act of God, accident, war, force of arms, fire, elements, riot, labor dispute, strike,
sabotage, civil commotion, act of terrorism, government action, transportation interruption, inability to
obtain materials or labor, Customer’s failure or delay in approving any design or other drawings or any
other contingencies beyond Techship’s reasonable control.
Customer shall not be entitled to add or remove any trade mark, trade name,
copyright notices, warning legends or other markings to or from Documentation, without the prior written
approval from Manufacturer or Techship in each specific case.
Customer shall reimburse Techship’s expenses (including, but not limited to, court
costs, interest and reasonable attorneys’ fees and expenses) in collecting any amounts owed by Customer
arising out of the Agreement, including, but not limited to, expenses incurred by Techship in protecting
its rights under the Agreement and/or recovering and/or repairing any rental Products.
Export Control; Product Compliance with Governmental Requirements
By placing an Order
and accepting invoiced Products, Customer agrees and certifies that any Products purchased from
Techship will not be used in the design, development or production of items or for any use prohibited by
the U.S. Export Administration Regulations or analogous provisions of laws and regulations of non-U.S.
agencies or authorities. Customer will comply with any applicable U.S. and non-U.S. export or resale
laws, restrictions and regulations and will not export, or transfer for the purpose of re-export, any product
to any prohibited or embargoed country or to any denied, blocked or designated person or entity as
mentioned in contravention of any such law or regulation. Customer represents and warrants that (i) it is
not on the Denied Persons, Specially Designated Nations or Debarred Persons list of the U.S. government,
(ii) it is not otherwise prohibited by law from purchasing the products or services hereunder; and it
complies with all applicable laws, including the labor laws and regulations and anti-bribery regulations,
in the jurisdictions where Customer operates. It is solely the responsibility of the Customer to determine
the requirements for, and to obtain, any license or other official authorizations that may be required to
export, re-export or import Products. Techship shall have no liability or obligation to Customer with
respect to the failure of a Product or Service to comply with any such standards or requirements not
expressly set forth in this Agreement.
No representation is made that a product or its manufacture, distribution,
sale or use is free from infringement or misappropriation of any patent, trademark, trade name, copyright,
trade secret or other claimed rights of any person or entity. Customer releases Techship from and in
respect of any and all claims by or through Customer, for any such alleged or actual infringement or
Governing Law and Exclusive Jurisdiction
The Agreement and any extra-contractual matters
that may arise in connection with the transactions shall be governed by, and construed in accordance with,
the laws of the State of New York without giving effect to the conflict of law principles and the United
Nationals Convention on Contracts for the International Sale of Goods, shall be binding upon any and all
successors and assigns of the parties hereto, and shall not be construed in whole or in part against any
party solely because of the fact that the party drafted it. Any proceeding arising out of or related to this
Agreement must be commenced in any court of competent jurisdiction located in New York County in
the State of New York. The parties hereby submit to the exclusive jurisdiction of such court.
The Agreement may not be amended except in writing and signed by an
authorized representative of Techship. Customer shall not assign the Agreement or sublease or rent
Products to third parties without Techship’s prior written consent and the full release of Techship from
any obligations with respect to the Products. Any provision of the Agreement that is invalid under the
applicable law or court order shall not in any way invalidate or affect the remaining provisions of the
Agreement. To the extent that any provision of this Agreement may be declared unenforceable, such
provision shall be deemed stricken to the extent necessary and as though never part of this Agreement;
otherwise, the remaining portion of such provision and every other provision hereof and this Agreement
shall remain in full force and effect. [Website NDA – incorporate in T&Cs]
Techship is the Data Controller for the processing of your personal data and takes this responsibility
seriously. Any stakeholders of Techship shall feel secure and confident that the data provided is processed in
Personal data means all types of information that may, directly or indirectly, be associated with a living
individual. This data can be collected if you are in contact with us either through meetings with Techship
personnel; filing of a customer registration request at our web site; registration for email or SMS
newsletters; downloading of documents at our web site; ordering of Techship products and services or; through
publicly available information. Techship doesn’t purchase any registers including personal data from any
What personal data we are processing and why we are collecting it
Within the scope of the Company’s activities Techship can process the following personal data: name;
business title; business address; user-ID; phone no; email address and addresses for other digital
communication platforms such as Skype, WeChat, Whatsapp etc; various CRM information such as notes from
meetings or telephone calls; and if you want to receive newsletter mailings or not (hereinafter
collectively referred to as “Personal Data”) for the following purposes and legal grounds
Fulfilment of customer agreements
Carrying out Techship’s obligations under a customer - supplier relationship.
Securing compliance with legal obligations under a contractual relationship between Techship and a
Legitimate interest and/or Consent
Maintaining an effective communication and relationship with a business partner or customer prospect
such as registering information in our CRM-system (Customer Relationship Management).
Answering customer requests, ie support tickets, regarding Techship’s products and services.
Analyzing sales data in order to improve user and customer experience of Techship’s products and
Marketing, customer surveys and general market communication.
Creation of user accounts and reset of user passwords for these accounts.
Analyzing the usage of Techship’s web services and the traffic on Techship’s web site.
Disclosure of data to third parties
Techship will not disclose Personal Data to third parties unless it is required to fulfil the purposes listed
above. Transfer of Personal Data will only be made to such countries that offer an adequate level of data
protection, as decided by the EU Commission, or if the supplier has a legally binding and enforceable
instrument that guarantees the safety of the Personal Data.
Data collected by web browsing
When you access our web site, your web browser is technically set up to automatically transmit the following
data to our web servers, which we then capture in log files: date and time of access; URL of the referring
web site; files retrieved; data volume transmitted; browser type and version; operating system; hardware
used; IP address and domain name of your internet access provider.
You can configure your browser not to transmit this data to us, but in this case Techship cannot guarantee
full web site functionality and there is a risk of poor user experience.
This automatic information transfer when browsing our web site is exclusively information which doesn’t allow
you to be identified. This information is necessary for technical purposes in order to correctly deliver the
content requested by you. The log data is analyzed only for statistical purposes in order to improve our web
site and its functionality.
Your rights as Data Subject
You have the right to:
Request information about what type of Personal Data we process and you may request a copy thereof;
Have incorrect Personal Data corrected and, under certain circumstances, have your Personal Data erased;
Object against the processing of certain Personal Data and request that the processing is limited;
Have your Personal Data transferred to another controller (right to data portability);
Withdraw your consent to Personal Data processing.
You may at any time, by contacting Techship at email email@example.com or telephone +46 31 7303200 get a copy of, or
restrict, the processing of your Personal Data. Please note that if you request a limitation of Personal Data
processing or deletion of your Personal Data, we might not be able to provide our products or services to you.
How we protect your Personal Data
We have taken the appropriate technical and organizational measures to protect Personal Data against loss,
miss-use, unauthorized access, disclosure, alteration or destruction in line with applicable laws on data
protection and data security. To safeguard that Personal Data is treated in a safe and confidential way we use
Transport Layer Security (TLS) encryption verified by GoDaddy.com, Inc.
Furthermore, our personnel have signed non-disclosure agreements and are obliged to follow Techship’s rules
for data and IT-security and other internal rules and policies which regulate the processing of Personal Data.
Techship store Personal Data only as long as it is necessary in order to fulfil the purposes for which it was
collected. Please note that Techship can be under a legal or contractual obligation to retain the Personal
Data which might require us to keep the data for longer periods.
the end of the policy text. If we make any changes to this policy, it will be published at the company web
If we are changing the policy in a way that makes it substantially different from the original version valid
when user consent was given, Techship will notify registered users and customer employees about these changes
Personal Data, please contact us using the contact details below
You can configure your browser to block cookies, but in this case Techship cannot guarantee full web site functionality and there is a risk of poor user experience.
Usage of anonymous data
The anonymous information generated by our cookies about your use of this website (including your IP address) is used to process statistical reports on website activity for techship.com only. We use these reports to evaluate aggregate visitor usage so that we can optimize the content to better meet your needs. We will not link, or seek to link, an IP address with the identity of a computer user. In fact, we will not associate any data gathered from this site with any personally identifiable information from any source. In the process of analyzing visitor behaviour we might use tools from third party providers such as Google Analytics. In this case Google will not associate your IP address with any other data held by Google.
This is a Non-Disclosure and Confidentiality Agreement (the “Agreement”) between Techship AB (“Techship”) and
you (“Company”). Company and Techship are collectively referred to herein as the “Parties” and individually
may be referred to as a “Party”.
By checking the “accept” checkbox in the Techship customer registration page and submitting the form you agree
to be bound by the terms and conditions of this Agreement. If you do not agree to be bound by such terms and
condition you should cancel your Techship customer registration.
Techship and Company wish to discuss and disclose to each other (in this Agreement the disclosing Party is
referred to as “Discloser” and the receiving Party is referred to as “Recipient”) Confidential Information
(as hereinafter defined) relating to the product(s) and service(s) of their companies ("Identified
Techship and Company each desire to establish and set forth their individual obligations with respect to
protecting and preserving the other's Confidential Information.
Now therefore it is agreed as follows:
“Confidential Information” shall mean any technical or commercial information, including, but without
limitation, specifications, drawings, designs, computer software, hardware, know-how and all information
disclosed between the Parties which is in tangible or visible form. If a party discloses proprietary or
confidential information visually, orally or in any other manner incapable of physical marking to the other
party, Discloser shall inform Recipient that such information is proprietary and confidential at the time of
the disclosure, shall reduce the proprietary or confidential information to writing and mark it as such, and
send the writing to Recipient within thirty (30) days of the disclosure.
All Confidential Information provided by either Party shall be treated as confidential by Recipient and
handled with the same degree of care as Recipient handles its own proprietary and confidential information
of a similar nature, but in no event less than a reasonable standard of care. Further, Recipient shall not
reverse engineer, disassemble, or decompile any products, prototypes, software, or other tangible objects
that embody Confidential Information. Confidential Information shall not be used by Recipient otherwise than
for the Identified Purpose and, shall not be distributed to anyone, except persons as referenced in this
Agreement who have a need to know and shall not be copied without the written consent of the disclosing
party unless such information:
is in, or later comes into, the public domain other than by breach of the foregoing paragraph; or
is in the legal possession of Recipient, with the full right to disclose, prior to receiving it from the
other party; or
is independently received by Recipient from a third party with full right to disclose;
is required to be disclosed by law, judicial action, the rules or regulations of a recognized stock
exchange or listing authority, government department or agency or other regulatory authority, in which
event Recipient shall take all reasonable steps to consult and take into account the reasonable
requirements of Discloser in relation to such disclosure.
If Recipient receives a request or demand to disclose all or any part of Confidential Information under
the terms of a subpoena or order issued by a court of competent jurisdiction or authorized governmental
agency, Recipient may comply with such request or demand only if Recipient: (i) asserts the privileged
and confidential nature of Confidential Information against the third party seeking disclosure; (ii)
promptly notifies Discloser in writing of any such requirement or order to disclose prior to the
disclosure of Confidential Information; and (iii) upon Discloser’s request, reasonably cooperates with
Discloser to protect against any such disclosure and/or obtain a protective order narrowing the scope of
such disclosure and/or use of Confidential Information.
“Persons” who have a need to know, as used in this Agreement, mean and include persons who are employed by
or are directors of: (i) Recipient; (ii) Recipient’s ultimate parent company; or (iii) Affiliates that are
under the control of Recipient’s ultimate parent company (meaning those entities for which Recipient or its
ultimate parent company has fifty percent (50%) or more of the votes in such entity or is able to direct its
affairs and/or to control the composition of its board of directors or equivalent body). Recipient shall
notify all such Persons of the existence of this Agreement and the obligations of confidential treatment at
the time the Confidential Information is disclosed to them.
If it should be necessary for Recipient to supply the Confidential Information to third parties for purposes
relating to the Identified Purpose, Recipient shall ensure that the provisions of this Agreement are
properly observed by the third party. No transfer of Confidential Information shall take place to a third
party without the prior written consent of the Parties to this Agreement.
Recipient hereby acknowledges that unauthorized disclosure or use of Confidential Information of Discloser
could cause irreparable harm and significant injury to Discloser that might be difficult or impossible to
quantify. Accordingly, Discloser may seek immediate injunctive relief from breaches of the provisions
contained in this Agreement in addition to any other rights and remedies it may have.
Each Party will be responsible for making its own decision on the Confidential Information and each party
acknowledges that the other party is not making or giving any representation, warranty or undertaking,
express or implied, as to the accuracy, completeness or reasonableness of, and will not have any liability
for the use by any other party of the Confidential Information. Accordingly, neither party shall be liable
for any direct, indirect or consequential loss or damage suffered by any other Party or any person as a
result of relying on any statement contained in or omitted from the Confidential Information.
No right or license of use is granted to Recipient in relation to the Confidential Information disclosed
pursuant to this Agreement, and no license shall be deemed to have arisen or be implied by way of estoppel
or otherwise. Nothing in this Agreement shall be construed as granting or conferring any rights in title to
or license in respect of any Confidential Information. All Confidential Information shall remain at all
times the property of Discloser.
Nothing contained in this Agreement shall be construed as creating any obligation or any expectation on the
part of any Party to enter into a business relationship with each other, or as creating any partnership or
any other legal entity between the Parties.
No public statements shall be made concerning the Parties’ discussions or their objects without the express
written consent of both Parties, and the text of any public statement shall be concurred in advance between
This Agreement will terminate the earlier of (a) by either Party upon ten (10) days’ prior written notice to
the other Party, or (b) five (5) years from the Effective Date, subject to renewal by a mutual signed
writing of the Parties. Recipient’s duty to protect Confidential Information pursuant to this Agreement
expires five (5) years after the date of first disclosure of the Confidential Information. Upon Discloser’s
written request, Recipient shall destroy and provide written certification to Discloser of such destruction,
or return to Discloser, all Confidential Information, including without limitation all documents, memoranda,
notes, and other tangible embodiments prepared by Recipient based on or which include Discloser’s
If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such
unenforceability or invalidity shall not affect the other provisions of this Agreement and the unenforceable
or invalid provision shall be construed to be amended in order to avoid such unenforceablility or invalidity
while preserving as closely as possible the intent of the Parties.
None of the Parties may assign nor otherwise transfer part or all of this Agreement or the rights and
obligations thereof to any third party without the prior written consent of all other Parties.
Notwithstanding any other provision of this Agreement, neither Party shall export or re-export any technical
Confidential Information acquired under this Agreement or any commodities using such Confidential
Information to any country to which the Swedish government forbids export or, at the time of export,
requires an export license or approval, without first obtaining such license or approval. These export
requirements shall survive any expiration or termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of Sweden, which shall be
deemed to be the proper law of this Agreement. The Parties hereby irrevocably attorn to the exclusive
jurisdiction of the courts of Gothenburg, Sweden for any legal proceedings arising out of this Agreement or
the performance of the obligations hereunder.
This Agreement sets forth the entire understanding and agreement of the Parties with respect to the subject
matter hereof and supersedes all other oral or written representations and understandings. This Agreement
may be amended or modified only in writing.
Techship will begin billing section 301 tariffs to our US
Techship will, from September 1 2019, bill Section 301 tariff charges to our US customers for orders with a
total value of $800 or more. The tariff charges only affect products that originate from China and range
from no current charge up to 25% on our price depending on the products’ US Customs category code (HTS code).
If Techship is the Importer of record (IOR), our tariff recovery fee paid to US Customs for shipments imported
into the US will be charged to our customer. If import fees are to be paid by our customer, i.e the customer
is the IOR, the tariff recovery fee will be charged directly from the US Customs or your freight forwarder.
Our team is working closely with our suppliers to understand impacted product identification and to give our
customers information as early in the quoting process as possible.
Techship will continue to monitor the USTR’s implementation of the Section 301 tariff lists, along with its
impact on our supply chain, and adjust our recovery charge, if and when appropriate. If you have any questions
on our invoicing process, please contact us to discuss.